John Marshall was appointed the fourth chief justice of the United States by President John Adams. In the thirty four years he served on the bench, Marshall presided over the Court's evolution into an institution with power equal to both the executive and legislative branches of the Federal Government.

Born on September 24, 1755 in Fauquer County,Virginia, John Marshall was the eldest of Thomas and Mary Randolph Keith Marshall's fifteen children. Educated primarily by his father, except for one year at Campbell Academy in Westmoreland County and a year of study with the parish priest, Marshall gained more from his exposure to the colonial Virginia gentry through his father than any formal education could have provided him. While serving as an officer in the Virginia Line of the Contiental army during the American Revolution, Marshall was able to attend lectures on law and natural philosophy at the College of William and Mary in the spring and summer of 1780. This comprised the extend of Marshall study of the law, but was enough to make him eligible for a law license.

After moving to Richmond, VA in 1784 Marshall quickly became a successful lawyer, practicing in the state's superior courts. Between 1787 and 1788 Marshall was active in the debates over the Constitution, and participated as a delegate to Virginia's ratifying convention of June 1788. Despite requsts to run for Congress or accept a federal appointment, Marshall continued to practice law into the 1790s. Finally in June 1797 Marshall accepted an appointment from President John Adams to a commission charged with settling differences with France. Although the mission failed when the French refused to negotiate until they received a loan and a bribe from the United States, Marshall's handling of what became known as the XYZ Affair proved to be a personal triumph. Marshall continued is career in public service by running for and serving in Congress from December 1799 to May 1800, and accepting the appointment as secretary of state for John Adams in May 1800. At the end of his administration, President Adams chose Marshall to fill the position of chief justice of the Supreme Court.

During Marshall's thirty four year tenure as chief justice, the court evolved into a strong government body through it's use of judicial review. In rulings such as Maurbury v. Madison and McCulloch v. Maryland, the Marshall Court established the Constitution as the supreme law of the land, as well as the Courts role as interpreter of the Constitution. Equally significant was Marshall's leadership of the court, being open to the opinions and views of his associate justices to bring about a unified opinion from the Court. As part of his duties as a Supreme Court Justice, Marshall also presided over the Fourth Circuit Court of the United States, which heard cases in Richmond, VA and Raleigh, NC.

Despite failing health as he approached 75, Marshall remained sharp intellectually, and continued his judicial duties. In 1831 Marshall travelled to Philadelphia to undergoe succesful surgery to remove a bladder stone. Four years later, he would return to the city to seek medical treatment for a liver ailment. This time the chief justice was not as fortunate, and died in Philadelphia on July 6, 1835.

The Marshall collection consists of manuscript drafts for 62 opinions delivered by the chief justice in the Fourth Circuit Court of the United States between 1803 and 1831. These opinions seem to be from cases heard in Richmond, VA. The collection is arranged chronologically by the court term.

The collection was presented to the Society in 1837 by John W. Brockenbrough, reporter of the court and editor of, Reports of the Cases decided by the Honorable John Marshall, Late Chief Justice of the United States in the Circuit Court of the United States for the District of Virginia and North Carolina, From 1802 to 1833 Inclusive, (Philadelphia: James Kay, 1837), 2 Vols. The collection was originally bound, with the individual cases separated by a sheet of paper containing the name of the case and the reference to its location in the Brockenbrough volumes. This reference has been included with the item descriptions.

Physical description

62 items

62 items

Provenance

Presented by Dr. Chapman on behalf of John Brockenbrough, Esq., of Richmond, Reporter of the court, 7 April 1837.

Preferred citation

Cite as: John Marshall, Opinions delivered in the circuit court of the United States, American Philosophical Society.

Processing information

Recatalogued by J.J. Ahern,2006.

Early American History Note

This collection contains a series of federal circuit court decisions rendered by John Marshall. The cases heard span a wide range of areas and include such topics as international law, property, banking, bankruptcy, estates, laws of evidence, and trade. Among the cases he heard was Livingston v Jefferson, which involved property rights related to the United States' purchase of the Louisiana Territory. There are also a series of cases in 1819-1820 involving merchant ships that seem to be related to fallout from property disputes from the War of 1812. One case relates to the Bank of the United States.

These manuscript copies were printed in Reports of the Cases decided by the Honorable John Marshall, Late Chief Justice of the United States in the Circuit Court of the United States for the District of Virginia and North Carolina, From 1802 to 1833 Inclusive, (Philadelphia: James Kay, 1837).

• Legal Records
• Official Government Documents and Records

• Brockenbrough, John W., 1778-1838
• Marshall, John, 1755-1835

• Bank of the United States (1816-1836)
• Government Affairs
• Judicial opinions
• Law
• United States. Circuit Court (4th Circuit)
• War of 1812